Mahesh @ Ashwin Vinubhai Makwana vs State Of Gujarat
2025 Latest Caselaw 3347 Guj

Gujarat High Court

Mahesh @ Ashwin Vinubhai Makwana vs State Of Gujarat on 24 February, 2025

Author: Ilesh J. Vora

Bench: Ilesh J. Vora

                                                                                                               NEUTRAL CITATION




                              R/CR.A/568/2019                                  ORDER DATED: 24/02/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                              R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 568 of 2019

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                                            MAHESH @ ASHWIN VINUBHAI MAKWANA
                                                          Versus
                                                    STATE OF GUJARAT
                       ==========================================================
                       Appearance:
                       HCLS COMMITTEE(4998) for the Appellant(s) No. 1
                       MR JEET J BHATT(6154) for the Appellant(s) No. 1
                       MS CM SHAH, APP for the Respondent - State
                       ==========================================================

                          CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
                                and
                                HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                                        Date : 24/02/2025

                                                ORAL ORDER

(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)

1. Challenge in the appeal is made to the judgment

and order passed by the Special Judge and 3 rd Additional Sessions Judge, Bhavnagar dated 12.09.2018 in Special

(POCSO) Case No.3 of 2017. The accused - appellant was

convicted for the offences punishable under Section 6 of the

Protection of Children from Sexual Offences (POCSO) Act,

2012 and sentenced him to undergo rigorous imprisonment for

maximum ten years with fine of Rs.10,000/- and in default

thereof, further simple imprisonment of six months is also

imposed.

2. We have perused the information supplied by the

NEUTRAL CITATION

R/CR.A/568/2019 ORDER DATED: 24/02/2025

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jail authority. The same is ordered to be taken on record.

3. On perusal of the jail information, it emerges that

the convict, as on date, has already undergone his sentence

and has also paid the fine. In such circumstances, when the

convict has not challenged his conviction on merit and

considering the peculiar facts of the present case as referred

above, the present appeal has become infructuous.

Accordingly, this appeal stands disposed of.

(ILESH J. VORA,J)

(SANDEEP N. BHATT,J) M.H. DAVE